Legal Question in Family Law in Ohio
Who has custody?
My girlfriend and I have split up permanently. We have 2 boys together. (2 & 10 mths.) No paternity tests have been done. She has the boys when she is not working otherwise they are at a sitters. I visit the boys everyday at the sitters. I work 10 hr nights and she works days. She & the boys are living in my house and I am living with my parents. I have served an eviction notice to her. Last weekend she dropped the boys off at my parents and said she was moving to a shelter. 4 hrs later called & said she wanted them back. She came with police and I gave them to her. Do I have to give them back to her if this happens again? Neither of us have any kind of custody papers nor have we gone to court yet. No paternity tests have been done. Actually nothing has been done yet. Also If she should pack & leave my house again, do I have to let her back in? Last weekend the police let her bring her belongings back in my house.
Please Advise!!
1 Answer from Attorneys
Re: Who has custody?
Under Ohio Law, an unmarried woman that has a child born out of wedlock has sole legal and physical custody of the children unless a court orders differently. If you want to ensure that she can not just pick up leave with the kids, you would need to do a paternity action and seek custody and or visitation with the kids. In addition, child support would begin as well.
In regards to the house, you still must do a proper eviction through the courts after you have given the proper notice. If she leaves on her own you have to be careful, because if she still has her possesions there, you must still do an eviction, since she has not completely vacated the property. If you need further assistance regarding this matter, please contact me.
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